On April 26, 2021, the China National Intellectual Property Administration (CNIPA) released the Top Ten Cases of Patent Reexamination for 2020 (2020年度专利复审无效十大案件发布). The cases cover a variety of technologies including pharmaceuticals, wireless communications, business methods, and more. Multiple foreign companies’ patents were challenged including Bayer, Sharp, and others. Brief summaries with links to the patents and decisions follow.
Category: Design Patent
Advice: Delay Filing Chinese Design Patents Until June 1, 2021
China’s newly amended Patent Law goes into effect on June 1, 2021, less than three months away. One of the many significant changes in the Law includes a 50% increase in design patent term from 10 to 15 years. However, no transitional measures have been released yet and it is likely the increased term will only apply to design applications filed on or after June 1, 2021 and not those filed before June 1 but still pending on June 1, …
Shanghai Fines Chinese Patent Firm for Filing ‘Irregular’ Patent Applications
As first reported by IPRlearn, the Shanghai Municipal Administration of Market Supervision on February 5, 2021 has fined Shanghai Shangxiang Patent Agency Co., Ltd. (上海尚象专利代理有限公司) 30,000 RMB for filing 26 ‘irregular’ design patent applications.
China’s Supreme People’s Court Releases Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation
China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1) (最高人民法院关于审理专利授权确权行政案件适用法律若干问题的规定（一）). The provisions clarify administrative litigation issues for Patent Reexamination Board decisions – both invalidations of granted patents and reexamination of finally rejected patent applications (similar to patent application appeals at the U.S. Patent & Trademark Office).